Hateley
Hateley v. Ford Motor Company
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JEFFREY HATELEY, Case No. 23-cv-00790-EMC
Plaintiff,
ORDER GRANTING PLAINTIFF’S
v. MOTION FOR ATTORNEYS’ FEES
AND COSTS
FORD MOTOR COMPANY, Defendant. Docket No.
12 13 In December 2022, Plaintiff initiated this suit, asserting claims for breach of warranty under the Song-Beverly Act. In September 2023, the case settled after Plaintiff accepted a Rule 68 offer made by Defendant. The Rule 68 offer left open the issue of attorneys’ fees and costs to be litigated, with Plaintiff (in essence) being deemed the prevailing party. Under the Song-Beverly Act, if the buyer prevails,
the buyer shall be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses, including attorney’s fees based on actual time expended, determined by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution…